Contribution or recoupment--Limitation of action.

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47-1A-833.1. Contribution or recoupment--Limitation of action.

A director held liable under §47-1A-833 for an unlawful distribution is entitled to:

(1)Contribution from every other director who could be held liable under §47-1A-833 for the unlawful distribution; and

(2)Recoupment from each shareholder of the pro-rata portion of the amount of the unlawful distribution the shareholder accepted, knowing the distribution was made in violation of §47-1A-640 or 47-1A-1409.

A proceeding to enforce contribution or recoupment under this section is barred unless it is commenced within one year after the liability of the claimant has been finally adjudicated under §47-1A-833.

Source: SL 2005, ch 239, §163.


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